Philominal vs State Rep.By Its, The Inspector Of ...
2026 Latest Caselaw 2405 Mad

Citation : 2026 Latest Caselaw 2405 Mad
Judgement Date : 7 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Philominal vs State Rep.By Its, The Inspector Of ... on 7 May, 2026

                                                                            CRL OP No. 11289 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 07-05-2026
                                                       CORAM
                                  THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
                                               CRL OP No. 11289 of 2026
                1. Philominal Mary
                2. Saravanakumar

                                                                                    ..Petitioner(s)
                                                          Vs
                State Rep.by its, The Inspector of Police,
                Koothanallur Police Station,
                Tiruvarur District.
                (Crime No.296 of 2025)
                                                                                   ..Respondent(s)

                PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya
                Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his
                arrest in Crime No.296 of 2025 pending investigation on the file of the
                respondent police.


                              For Petitioner(s):       Mr.Sivakumar

                              For Respondent(s):       Mr.A.Gopinath,
                                                       Govt. Advocate (Crl.Side)


                                                       ORDER

The petitioner, who apprehends arrest at the hands of the respondent

Police for the offences punishable under Sections 316(2), 318(4), 296(B) 351(2)

of BNS, in Crime No.296 of 2025 on the file of the respondent police, seeks

anticipatory bail.

__________ Page1 of 6 https://www.mhc.tn.gov.in/judis

2. The case of the prosecution as per the de facto complainant is that he

was a B.Pharm graduate searching for job in abroad through websites. The de

facto complainant contacted the petitioners who were the agents of the Senthil

Andavar Abroad Job Consultancy and paid a sum of Rs.6,50,000/- for his

employment in foreign company. However, the petitioners neither arranged the

job nor refunded the money and cheated the de facto complainant. Hence the

case.

3. Learned counsel appearing for the petitioners submits that the

petitioners are innocent and they have not committed any such offence as

alleged by the prosecution. He would also submit that they have been falsely

implicated in this case and hence, he prays to grant anticipatory bail to the

petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the

respondent police reiterated the prosecution case and opposed for the grant of

anticipatory bail to the petitioners. He further submitted that the accused

persons received a sum of Rs.6,50,000/- for employment in foreign company

and returned only a sum of Rs.3,50,000/-. A sum of Rs.3,00,000/- is yet to be

recovered.

__________ Page2 of 6 https://www.mhc.tn.gov.in/judis

5. At this juncture, the learned counsel for the petitioners, on

instruction, submits that the petitioners are ready and willing to deposit the

remaining amount.

6. Heard both sides and perused the materials available on record.

7. Considering the above facts and circumstances of the case and the

nature of the allegation, this Court is inclined to grant anticipatory bail to the

petitioners with certain conditions.

8. Accordingly, the petitioners are ordered to be released on bail in the

event of arrest or on their appearance, within a period of fifteen days from the

date on which the order copy made ready, before the learned Judicial

Magistrate, Thiruthuraipoondi, Thiruvarur District, on condition that the

petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten

Thousand only) each with two sureties, each for a like sum, to the satisfaction

of the respondent police or the police officer who intends to arrest or to the

satisfaction of the learned Magistrate concerned, failing which, the petition for

anticipatory bail shall stand dismissed and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their

__________ Page3 of 6 https://www.mhc.tn.gov.in/judis

identity;

[b] the petitioners shall jointly deposit a sum of Rs.3,00,000/- (Rupees Three lakhs only) to the credit of Crime No.296 of 2026 before the concerned trial Court.

[c] the petitioners shall report before the respondent Police everyday at 10.30.a.m., for a period of one month and thereafter, as and when required for interrogation;

[d] the petitioners shall not abscond during during investigation or trial;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

07-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

VKR/GSA

__________ Page4 of 6 https://www.mhc.tn.gov.in/judis

To